1 September 2022
Buddle Findlay acts for New Zealand Steel in defence of a claim seeking an injunction requiring New Zealand Steel (and other large New Zealand emitters of greenhouse gases) to reach net zero greenhouse gas emissions.
The claim is a novel claim in which negligence, public nuisance and an inchoate cause of action are alleged.
The claim is significant. If successful, it would create a private cause of action against emitters of greenhouse gases. It would reflect significant judicial regulation of greenhouse gas emissions.
New Zealand Steel, and the other defendants, applied to strike out the claim. In the High Court, the strike out was successful in relation to two of the three causes of action. In the Court of Appeal, all three causes of action were struck out. The strike out application was heard by the Supreme Court in August 2022.